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HomeMy WebLinkAboutItem 3k: Review of City's Conflict of Interest Code Pursuant to Political Reform Act of 1974MEMORANDUM Office of the City Clerk DATE: June 15, 2010 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: DONALD PENMAN, CITY MANAGER SUBJECT: DIRECT THE CITY MANAGER TO REVIEW THE CITY'S CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 Recommended Action: Approve BACKGROUND The Political Reform Act of 1974 (the "Act ") and, in particular, Government Code Section 87306.5 requires that no later than July 1 of each even - numbered year, the City Council, as the City's code - reviewing body, direct the City Manager or his designee to review the City's Conflict of Interest Code ( "Code ") in order to determine if changes to the Code are necessitated by changed circumstances and, if necessary, that a revised Code be submitted to the City Council for approval. DISCUSSION The Political Reform Act of 1974, requires all public agencies to adopt and promulgate a Conflict of Interest Code. Section 87306 of the Act requires that conflict of interest codes be amended for changed circumstances such as an update to the designation of positions having a decision - making capacity, an update to assigned disclosure categories and inclusion of new provisions required by statute. The primary effect of the Code is to establish conflict of interest disclosure requirements for various City and Redevelopment Agency positions involved in the requisite level of decision - making as set forth in the Political Reform Act. The Act also requires each city to adopt a local conflict of interest code which designates and covers city (and redevelopment agency) positions not otherwise designated in the Act itself, that are involved in making city (or agency) decisions. 1 Additionally, the Act requires that the City Manager file a statement regarding the results of the review no later than October 1. If a change in the Code is necessitated by this review, it must be submitted to the City Council for approval within ninety (90) days. FISCAL IMPACT There is no fiscal impact associated with the review of the City's Conflict of Interest Code. RECOMMENDATION That the City Council direct the City Manager, or his designee, to have the City's Conflict of Interest Code reviewed pursuant to Government Code Section 87306.5, file a statement of review with the City Clerk no later than October 1, 2010, and have the Conflict of Interest Code revised based upon such review, if necessary. 2